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Concerning The Underworld Property Organization Definition

Posted on:2012-11-23Degree:MasterType:Thesis
Country:ChinaCandidate:Z F LuFull Text:PDF
GTID:2166330335988603Subject:Law
Abstract/Summary:PDF Full Text Request
At present, crimes committed by underworld property organizations are in the high activity period, showing new characteristics, such as high member mobility, setting up economic entity as cover, penetrating into the field of politics increasingly obviously and so on, and are gradually developing to the complex, cross-regional, intelligent, international trend. Some underworld property organizations are very likely to change into underworld organizations in the near future and this has put forward severe demands for the judicial authority to prevent and combat underworld property organizations, and the needs to seek new coping measure. Defining the underworld property organization accurately is the premise and the key to combat underworld property organization's crimes, which has great significance in country's protection of people's lives and property, implementation of the criminal policy of combining punishment with leniency, maintenance of the social& economic order and life order, consolidation of the reform and opening up results.This article is divided into three parts. The first part is the concept, the origin and evolvement of the underworld property organizations in our country. In order to properly understand and define the underworld property organizations in our country, the first must be well aware of the underworld property organizations'origin and development contexts, and grasp the future trend of development which is very likely and why our legislation does not recognize the underworld organization, but originally creates the law concept of the underworld property organization. We can only cope with the situation cool-headedly in the fighting against crime, when facing squarely at the underworld property organizations'rapid development status since the reform and opening up.The second part is to define the underworld property organizations in our country combining with the related concepts. It mainly clarifies the essential differences between the underworld property organizations and the related concepts through studying the difference and relation between it and general criminal gang, evil force clique, evil cult organizations and terrorist organizations. General criminal gang and evil forces can develop into the underworld property organizations through the capital accumulation, however, evil cult organizations and terrorist organizations may get involved in various legal or illegal profit - type of crime for the pursuit of the illegal interests, money or other tools etc. When they get into contact with the underworld property organizations which also pursue Economic interests, different types of criminal organizations blend together, thus nature of the organization will cross or transform mutually. These are the issues needed to be taken into account during the defining the underworld property organizations.The third part is to define the legal characteristics for the underworld property organizations, that is the four characteristics including organizational characteristics, economic characteristics, behavioral characteristics and illegal control characteristics expressed in the Criminal Code Amendment (8) which is about to take effect. Whether a criminal organization (the Group) should be identified as a underworld property organizations, depends on whether it has four legal characteristics. This section focuses on grasping the definition of the underworld property organizations correctly combining with two cases involved with the underworld property organizations, and referring to the four legal characteristics for defining the underworld property organizations.
Keywords/Search Tags:Underworld Property Organizations, Violence Definition, Characteristics
PDF Full Text Request
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